SHIV DEVI v. STATE OF U.P. THRU. DISTRICT MAGISTRATE LKO. AND ANOTHER
A227/6218/2025 · 2025-10-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183944 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183944 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6218 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Shiv Pratap Singh, the learned counsel for the petitioner and Shri Vishal Tahlani, the learned Standing Counsel for the State.
2. The learned Standing Counsel has raised a preliminary objection stating that the State is not a party in Appeal No.2622 of 2025 pending before the District Magistrate/Appellate Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and it has wrongly been impleaded in this petition. The petition suffers from the defect of misjoinder of parties.
3. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction for expeditious disposal of Appeal No.2622 of 2025 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 pending before the District Magistrate.
4. The learned Standing Counsel has submitted that the appeal is fixed for disposal tomorrow i.e. on 31.10.2025.
5. The petitioner's application under Section 7(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 bearing Application No.5794 of 2023 has been allowed by the S.D.M./Maintenance Tribunal but the petitioner is seeking eviction of her son and daughter-in-law through the application and, therefore, she has filed an appeal. A copy of the application filed before the Maintenance Tribunal has not been annexed with the petition from which this Court could have ascertained as Versus Counsel for Petitioner(s) : Shiv Pratap Singh, Atul Kumar Singh Counsel for Respondent(s) : C.S.C. Shiv Devi .....Petitioner(s) State Of U.P. Thru. District Magistrate Lko. And Another .....Respondent(s)
to whether the petitioner has pleaded that she is unable to maintain herself or not and whether she has claimed any maintenance from the opposite party or not.
6. In these circumstances, there is no good ground to interfere in this petition which is dismissed accordingly. October 30, 2025 -Amit K- A227 No. 6218 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench